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Patna High Court

Sona RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Sona Rai, sought bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 2,574.72 litres of illicit foreign liquor from a truck registered in his name. He contended that he had no knowledge of the liquor being carried by the driver and co‑driver and that his only connection was ownership of the vehicle. The State opposed the bail, arguing the seriousness of the offence. The court noted that the driver, co‑driver and another accused had already been granted bail, the petitioner had no prior criminal record, and a charge‑sheet had been filed. Considering these circumstances, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the owner of a vehicle from which illicit liquor was recovered under Section 30(a) of the Bihar Prohibition and Excise Act

Subjects

  • bail
  • prohibition
  • excise
  • illicit liquor
  • vehicle ownership
  • Section 30(a)
  • Bihar
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11486 of 2026
                         Arising Out of PS. Case No.-114 Year-2025 Thana- MAKER District- Saran
                 ======================================================
                 Sona Rai, S/o- Banarasi Rai, Village-Jamira, P.S.-Dariyapur, District-Saran


                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjay Kumar Singh, Adv.
                 For the Opposite Party/s :        Mr. Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   17-02-2026                      Heard learned counsel for the petitioner and

                   learned A.P.P for the State.

                                2. The petitioner seeks bail in connection with

                   Maker P.S. Case No. 114 of 2025 dated 17.05.2025

                   registered for the offence punishable under Section 30(a) of

                   the Bihar Prohibition and Excise Act.

                                3. The allegation is of recovery of 2574.72 litres

                   illicit foreign liquor from Hywa Truck bearing Reg. No.

                   BR04B7688.

                                4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has been falsely implicated in

                   this case. It is submitted that nothing has been recovered

                   from the conscious possession of the petitioner, rather, the
Patna High Court CR. MISC. No.11486 of 2026(2) dt.17-02-2026
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          said illicit liquor has been recovered from the truck which

          belongs to the petitioner. It is submitted that the petitioner

          has been made accused only on the basis that he is the

          owner of the said truck but he had no knowledge about the

          said illicit liquor being carried by the Driver and Co-driver.

          It is further submitted that at the time of occurrence, two

          persons were arrested, who have been granted bail by a co-

          ordinate Bench of this Court. Pankaj Kumar (Driver) and

          Deepak Kumar (Co-driver) have been granted bail vide

          order dated 15.07.2025 passed in Criminal Miscellaneous

          No. 44990 of 2025 and Mahesh Rai has been granted bail

          vide     order      dated      30.08.2025            passed   in   Criminal

          Miscellaneous No. 40867 of 2025. The petitioner is in

          custody since 15.12.2025, having no criminal antecedent

          and charge-sheet has been submitted in the case.

                       5. Learned A.P.P for the State opposes the prayer

          for bail of the petitioner.

                       6. Having considered the facts and circumstances

          of the case and submissions of learned counsel for the

          parties, let the petitioner be released on bail upon furnishing

          bail bonds of Rs. 10,000/- (ten thousand) with two sureties
            Patna High Court CR. MISC. No.11486 of 2026(2) dt.17-02-2026
                                                        3/3




                      of the like amount each to the satisfaction of the learned 3 rd

                      Exclusive Special Excise Court, Saran at Chapra in

                      connection with Maker P.S. Case No. 114 of 2025.



                                                   (Khatim Reza, J)
prabhat/-

U       T


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